Disaster Risk Management Act, 2014 (No. 15 of 2014)

[18th August 2014] . Supplement to Official Gazette 443 DISASTER RISK MANAGEMENT ACT, 2014 (Act 150/2014) ARRANGEMENT OF SECTIONS PART I - PRELIMINARY 1. Short title and commencement 2. Interpretation Sections PART II - DISASTER RISK MANAGEMENT DIVISION 3. Disaster RiskManagement Division 4. Functions of Division 5. Integrated emergency management arrangement 6. Other committees 7. Director General and other staff of Division 8. Function ofDirector General 9. National Disaster Risk Management Committee 10. Composition of National Committee 11. Functions of National Committee 12. Meetings ofNational Committee 13. Establishment of vulnerability Committee 14. Functions of vulnerability Committee 15. Formulation of disaster risk management plan by government institutions and prescribed private organisations 16. Establishment of National Platform for Disaster Risk Reduction 17. Function ofNational Platform for Disaster Risk Reduction PART 111-DISASTER RISK AND EMERGENCY MANAGEMENT 18. National disaster risk management strategy 19. Director General to prepare other plans 20. Other bodies to develop a disaster risk management programme 21. Preparation of strategy 22. Resources to be used in emergency 23. Emergency management operation centres 24. Shelter 25. Assessment ofloss, injury and evacuation PART IV - COMMUNICATIONS LINK 26. Directory ofpersons involved in disaster risk management, etc. 27. Emergencymanagement and response 444 Supplement to Official Gazette [18th August 2014] PART V- INTERNATIONAL ASSISTANCE 28. International assistance 29. Commencement and termination of Intemational assistance 30. Minister may terminate international assistance PART VI- NATIONAL DISASTER RISK MANAGEMENT FUND 31. National Disaster Risk Management Fund 32. Accounts and audit PART VII - OBLIGATIONS OF PERSONS INVOLVED IN DISASTER RISK MANAGEMENT 33. Volunteers 34. Employees who assist in emergency situations 35.· Risk management officers 36. Multi-Hazard Risk Communication Alert and Warning System PART VIII- REPORTING, DOCUMENTATION AND DATA COLLECTION 37. Obligations to supply information when requested by Director General 38. Obligation to make a damage report assessment PART IX- DECLARATION OF DISASTERS 39. Declaration of disasters 40. Access to private places PART X- MISCELLANEOUS 41. Protection from liability 42. Compensation for loss or injury suffered by public officer 43. Authorised officers 44. Powers of authorised officers 45. Power to take control ofland or property during disaster 46. Compensation for taking possession or control of land or property 47. Indemnity for action of person acting under this Act 48. Powers to make regulations [18th August 2014] Supplement to Official Gazette 445 DISASTER RISK MANAGEMENT ACT, 2014 (Act 150[2014) 1 assent • 1.A. MichelPresident 19th August, 2014 AN ACT to provide for the establishment of the Disaster Risk ~anagement Division for the effective management of disaster through a comprehensive and integrated all-hazard approach and for matters connected therewith or incidental thereto. ENACTED by the President and the National Assembly. PART I - PRELIMINARY 1. This Act may be cited as the Disaster Risk Short title and Management Act, 2014 and shall come into operation on such commencement date ?S the Minister may, by notice published in the Gazette, appomt. 446 Supplement to Official Gazette [18th August 2014] Interpretation 2. In this Act, unless the context otherwise require "disaster" means a serious disruption in the functioning of a community or a society involving widespread human, material, economic or environmentalthreats, losses and impacts, whether arising from accident, social disruption, nature or human activity, whether developing suddenly or as a result oflong term process; "disaster risk" means the potential disaster losses, in lives, health status, livelihoods, assets and services, which could occur to a particular community or a society over some specified future time period; "disaster risk reduction" means the concept and practice of reducing disaster risks through systematic efforts to analyse and manage the causal factors of disasters, including through reduced exposure to hazards, lessened vulnerability of people and property, wise management of land and the environment, and improved preparedness for adverse events; "disaster risk area" means an area where a disaster has occurred or an area identified as a disaster risk area in the national disaster risk management plan or by contingency planning processes and related measures; "disaster area" means a district, region, island or part thereof declared or designated as a disaster area for intervention and assistance as a result of disaster related losses; "Division;' means the Disaster Risk Management' Division established under section 3; [18th August 2014] Supplement to Official Gazette .447 "Director General" means the person appointed under section 7; "early warning system" means the set of capacities needed to generate and disseminate timely and meaningful warning information to enable individuals, communities and organisations threatened by a hazard to prepare and to act appropriately and with sufficient time to reduce the possibility ofhann or loss; "Fund" means the National Disaster Risk Management Fund established by section 31; "government institution" includes a Ministry, Department of Government, administrator of a district, statutory body, government agency or any otherorganisation performing a public service; "Minister" means the Minister responsible for disaster risk management; "National Committee" means the National Disaster Risk Management Committee established by section9; "prescribed" means prescribed by regulations madeunder this Act. PART II -DISASTER RISK MANAGEMENT DIVISION 3. There is hereby established a division within the Government to be known as the Disaster Risk Management Division. Disaster Risk Management Division 4.(1) The Functions ofthe Division shall be to (a) function as the national body for disaster risk management on a national- level and in Functions of Division 448 Supplement to Official Gazette [18th August 2014] (b) supporting regional and local level disaster risk management initiatives and response; implement and monitor a comprehensive integrated disaster risk management system at all levels by facilitating and coordinating the development and implementation of integrated disaster risk management systems through the national disaster risk management policy and international disaster risk management guidelines; design methods and establish norms and criteria for auditing guidelines to undertake hazard surveillance, identification, analysis and risk assessment to implement disaster risk reduction activities through government bodies, non-governmental organisations, private sectors and communities. coordinate, monitor and promote a uniform approach to disaster risk management among government institutions, non-governmental organisations, private sector entities and communities including adoption of common standards and best practices; prepare a National Disaster Risk Management Plan and Strategy, having regard to the national disaster policy and disaster risk management plans and strategies prepared by the government institutions, non-governmental organisations, private sector entities and communities; implement such other plans, strategies, procedures and guidelines as the Director General considers necessary or as '. recommended by the National Committee or the Minister; (c) (d) (e) (f) [18th August 2014] Supplement to Official Gazette 449 (g) develop guidelines on, and provide technical assistance to, the preparation of disaster risk management plans and strategies by the government institutions, non-governmental organisations, private sector entities and communities; (h) approve, review and monitor disaster risk management plans of each government institutions, non-governmental organisations, private sector entities and communities; (i) monitor, coordinate and give directions regarding mitigation and preparedness measures to be taken by the government ins tit ut ion s , non - g 0 v ern men t a I organisations, private sector entities and communities; collaborate with relevant government institutions, non-governmental organisations, private sector entities and communities and such other bodies or persons as the Division deems necessary and to (i) identify, analyse and map hazards, conduct related research and develope control measures, preparedness and responses strategy; (ii) conduct vulnerability and risk assessments and investigations as and when required to determine vulnerable areas for each hazard; (iii) encourage and support the development of community based 450 Supplement to Official Gazette [18th August 2014] sustainable development programmes and interventions aimed at reducing the risk and impact of hazards and disasters and harness community resources for disaster preparedness, response and recovery; and (iv) en c 0 u rag e and sup p 0 r t the establishment of resilience critical infrastructures; (k) plan and coordinate specialised training programmes for persons involved in disaster risk management including volunteers; (1) provide business continuity planning advice and assistance to the private sector as resources permit; (m) coordinate the conduct of assessments following a disaster; (n) promote education and awareness in relation to disaster risk management and use such mechanisms as necessary to stimulate public interest in disaster risk management and in securing public cooperation and participation in achieving planned objectives (i) act as a repository and conduit for hazard and other disaster related information and collaborate with relevant agencies as it thinks necessary in the collection, processing and analysis of such information; and I (ii) develop and maintain a database on disaster related information including climate change and other new and [18th August 2014] Supplement to Official Gazette 451 emerging threats and ensure access to the database by stakeholders including special vulnerable areas declared; (0) to reduce vulnerability to disasters in the identified areas of concern and to put in place appropriate measures that minimises the impact or negative effects of disaster; (p) promote development of new technologies in . risk and vulnerability reduction programmes including early warning systems and carry out risk awareness campaigns; (q) coordinate and monitor long term risk and vulnerability reduction, rehabilitation and recovery programmes carried out by other stakeholders and players in the country and facilitate resources for disaster risk and vulnerability reduction programmes; (r) perform such other functions as may be prescribed. 5. hi implementing the integrated emergency management andcoordination system, the Division shall (a) set out specific requirements and uniform procedures on matters which can be standardised nationally, including the declaration of an emergency, allocation of functions and responsibilities between the agencies; Integrated emergency management arrangement (b) command and control of operations and inter-agency coordination arrangements and make the best use of available resources for response at local" regional, national and intemationallevel; 452 Supplement to Official Gazette [18th August 2014] (c) set out responsibility in ensuring that inter agency co-ordination arrangements are developed at all level for effective co ordination of individual response efforts to emergencies; (d) provide common terminology to facilitate coordinated and safe working; (e) identify and prioritise risks to ensure that existing services are prepared and equipped to deal with realistic potential emergencies; (f) ensure preparedness by the principal response agencies to ensure prompt and effective coordinated response; (g) activate response mechanisms for effective, timely search and rescue operations to save lives and rriinimise damage to property in times of crisis and ensuring the protection and care of the public at times of vulnerability; ensure that measures are in place to restore livelihoods and other life support; (i) coordinate response in the event of a threat of the disaster; (h) G) organise and execute various drills, functional and full-scale exercises annually; (k) advise, assist and coordinate the activities of the government institutions, non governmental organisations, private sector entities and communities. Other committees 6. The Division may, in consultation with the Minister, set up other committees as deemed necessary for the purpose of carrying out its functions under thisAct. [18th August 2014] Supplement to Official Gazette 453 7.(1) The President shall, by order published in the Gazette, appoint a suitably qualified and experienced person to be the Director General who shall be responsible for the administration andmanagement of the affairs of the Division. Director General and other staff of Division (2) The Minister, with the approval of the President, shall appoint competent public officers to be disaster risk management officers and a competent public officer to be a shelter manager for the purposes of thisAct; (3) Without prejudice to subsection (2), the Director General may, with the approval of the Minister, employ suitable and qualified persons as may be necessary for the effective performance of the functions of the Division under this Act. (4) The Division shall issue credentials to every person appointed under this section or authorised to act as an authorised officer under section 43, with distinctive badges, tags or other identification as deemed necessary. 8. In carrying out the functions under this Act, the Director General shall Functions of Director General (a) advise the Minister on matters relating to disaster risk management; (b) review and assess the various programmes and activities of the government which have an impact on disaster risk management and make recommendations to the Minister on the likely effect of such activities; (c) in collaboration with other departments or agencies, conduct investigations, studies, surveys, research and analysis relating to all hazards; 454 Suppl~ment to Official Gazette [18thAugust 2014J (d) in collaboration with government or other agencies, participate in programmes to prepare and review disaster risk assessments . and to analyse and interpret the information gathered under paragraph (c) for the purpose of determining whether such conditions and trends are interfering or are likely to interfere, with the achievement of disaster risk management; (e) conduct programmes of public information and education on disaster risk management; (f) . liaise with persons and other organisations in and outside of Seychelles for the purpose of exchanging information and facilitating the harmonisation of policies; (g) consult with stakeholders in the preparation of tile national disaster risk management plan and provide technical advice to facilitate the development of regulations relating to disaster risk managelJJelJt; (b) establish mechanism to conect information to facilitate policy fomm1ation and planned decision-making with other sectors; compile and submit to the Minister necessary reports on disaster risk management; (i) 0) require any governmental institutions to make such publicly owned vehicles, PI!mt, equipment or personnel available with the Division for the purposes of response, rescue and relief; (1:) require any governmental institutions, n0n governmental organisatioos or private [18th August 2014] Supplement to Official Gazette 455 sectors to report on any incident, accident or any low intensity event occurred that have caused injury, damage to property, the environment or losses or had the potential to cause harm to human, damages to property, environment, or severe economic impact; (I) enter any place of incident for the purpose of rendering support, guidance carrying out risk assessment; (m) develop standard operating procedures for the Division; enter into memorandum of understanding, with the approval of the Minister, on behalf of the Republic in matters relating to the administration and functioning ofthis Act. 9.(1) There shall be established a National Disaster Risk Management Committee comprising of persons with high level capacity to advise the President and the Cabinet, through the Minister on matters relating to disaster risk management. (n) (2) The Minister shall be the chairperson of the National Committee. (3) The National Committee shall elect a vice chairperson from its members. 10.(1) The National Committee shall consist of the following members, to be appointed by the President, by notice published in Gazette, (a) the Director General; (b) a representative ofthe President's office; (c) Principal Secretaries of the Ministries or departments responsible for National Disaster Risk Management Committee Composition of National Committee 456 [18th August 2014]Supplement to Official Gazette (i) environment; (ii) land use and housing; (iii) health; (iv) community development and sports; (v) transport; (vi) labour; (d) one representative each from (i) the Seyche lles Broadcasting Corporation; (ii) the Meteorological Office; (iii) the Police Department not below the rank of Superintendent; . (iv) the Red Cross Society of Seychelles; (v) the Seychelles Fire and Rescue Services Agency. (2) The President may, if considers necessary, appoint such other persons or representatives of an association, organisation or institution, having such qualifications and experience in disaster risk management as maybe prescribed, to be the member of the National Committee. Functions of National Committee 11. to The functions of the National Committee shall be (a) advise and to make recommendations to the President and the Cabinet in relation to the application of this Act; (b) ensure that the principles of the disaster risk reduction are integrated into the activities of [18thAugust 2014] Supplement to Official Gazette 457 each relevant government institution and that each government institution takes primary responsibility for disaster risk management within their sector; (c) ensure that disaster risk reduction is integrated into all development policies, strategies and programmes at national, regional, and local levels; (d) support and mobilise resources for improved disaster risk assessment, the quality of information and data on disaster risk and for strengthening early warning systems; (e) support the enhancement of skills and capacities for disaster risk management at all levels; (f) promote and strengthen scientific, research and technical capacity in disaster reduction; (g) advocate the development of national information and knowledge management strategies and the establishment of stakeholder networks for disaster risk management; (h) review and update the disaster risk management policies; (i) provide guidance to the Division in matters pertaining to disaster risk management; review periodically policy issues regarding international appeals soliciting, the acceptance and the use of international assistance. 458 Supplement to Official Gazette [18th August 2014] Meetings of National Committee Establishment of Vulnerability Assessment Committee 12.(1) The National Committee shall meet not less than four times a year in the first year of the commencement ofthis Act and not less than twice a year thereafter. (2) The National Committee shall regulate its own proceedings. (3) The National Committee may, in the manner as may be prescribed, establish one or more sub-committees as deemed necessary. (4) The chairperson or in his or her absence, the vice chairperson shall preside over the meetings of the National Committee. (5) In the event of an emergency, the Minister shall have powers to call an extraordinary meeting of the National Committee. 13.( 1) There is hereby established a Vulnerability Assessment Committee. (2) The Vulnerability Assessment Committee shall consist of the following members to be appointed, by notice published in the Gazette, by the Minister, on such terms and conditions as may be prescribed (a) the Director General; and (b) one or more officers not below the rank of director from (i) Ministry of Health dealing with the public health; (ii) Ministry of Environment dealing with disaster risk management, forestry, [18th August 2014] Supplement to Official Gazette 459 environmental 'impact assessment, coastal adaptation and management or geographic information systems; (tit) Ministry of Labour; (iv) Ministry of Tourism; (v) D e par t men t 0 f Com m u nit y Development and Sport; (vi) Gender Secretariat and Child Welfare Services; (vii) Seychelles Agriculture Agency; (viii) Seychelles Peoples' Defence Force; {ix Seychelles Fire and Rescue Services Agency; and (x) Seychelles National Parks Authority. (3) A member of the Vulnerability Assessment Committee appointed under subsections (2)(b) shall hold office for a term of three years and shall be eligible for re appointment. 14.(1) The Vulnerability Assessment Committee shall perform the following functions (a) collect vulnerability information and conduct assessments taking an all-hazard approach in order to (i) inform early warning on potential risks and hazards; (ti) guide national planning processes and development strategies; {iii) inform government and relevant stakeholders of poverty reduction Functions of VuhJerability Committee 460 Supplement to Official Gazette [18th August 2014] strategies and social safety-net programming relevant to Disaster Risk Reduction; (b) assess disaster risk indicators to identity factors that influence risk and vulnerability such as livelihoods and well-being on a national, regional and local level; (c) assess the outcomes of impacts of disasters on livelihoods and psychosocial impacts of disasters; (d) update livelihood zones and baselines for monitoring vulnerability; (e) .host and periodically update data of vulnerability assessment information; (f) conduct and compile periodic vulnerability assessment reports and submit to the President and the Cabinet through the National Committee; (g) train sectors and necessary stakeholders on vulnerability assessment; (h) monitor early warning information. (2) The Vulnerability Assessment Committee may, where it deem necessary require a government institution in consultation with the Director General to develop and implement disaster risk management programmes consisting of (a) training programmes and exercises for staff members, employees and other persons with respect to the provision of necessary services and the procedures to be followed in [18th August 2014] Supplement to Official Gazette 461 emergency preparedness, response and recovery activities; (b) public education on risks to public safety and on disaster risk management preparedness, response and recovery in relation to its programme prepared under paragraph (a); and (c) any other matter required by the disaster risk management programmes as may be prescribed. (3) In developing a disaster risk management programme, every government institution shall identify various hazards and assess the risks to public safety that could give rise to disasters and identity th~ faciliti~s ~nd. oth~r elements of the infrastructure for WhIChthe institution IS responsible that areat risk of being affected by disasters. 15.( 1) Every government institution and every prescribed private orgnisation shall formulate a disa~ter risk management plan in respect of the type and the role assigned to It by or u~der this Act governing the provision of necessary services.dunn~ a disaster and the procedures under and the manner in WhICh staff members or employees and other persons will respond to the disaster. (2) A disaster risk management plan formulated under section (1) shall (a) authorise staff members, employees or other persons to take action under the plan, where a disaster exists; (b) specify procedures to be taken for the safety or evacuation of persons in an affected or a disaster area; Formulation of disaster risk management plan by government institutions and prescribed private organisations 462 Supplement to Official Gazette [18th August 2014] (c) establish committees and designate staff members or employees to be responsible for reviewing the plan, training staff members or employees in their functions and implementing the disaster plan during an emergency or disaster; (d) provide for the procurement and distribution of materials, equipment and supplies during a disaster; (e) provide for such other matters as are considered necessary or advisable for the implementation of the disaster plan during preparedness, response and recovery; and (t) provide for any other matter as may be prescribed. (3) Every government institution and prescribed private orgnisation shall (a) align the development and implementation of its disaster risk management plan with other stakeholders and institutions for incorporation into the National Disaster Risk Management Plan; (b) facilitate the training of personnel in the implementation of its disaster risk management plan; (c) review regularly and update its disaster risk management plan; and (d) submit a copy of its disaster risk management plan, and any amendment to the plan, to the Director General. [18th August 2014] Supplement to Official Gazette 463 (4) The disaster risk· management plan under subsection (1) shall include procedures on prevention, preparedness, response and recovery in relation to the disaster risk management (a) of ministries, departments of government, . statutory bodies and other organisations or persons who perform functions under this Act; (b) for coordinating the implementation of the national disaster risk management plan and implementation of emergency preparedness and response plans of persons and bodies in paragraph (a); (c) for informing persons referred to in paragraph (a) and the public of the existence of a potential threat, alert of a disaster or the declaration of an emergency of disaster; (d) for preparing and maintaining inventories of services and systems; (e) for mobilising services and systems for preparedness, before an incident, during emergency operation and after the, incident, emergency operation or disaster including procedures for staffing emergency operations centres; (t) for protecting and restoring communications, both nationally and internationally; (g) for procuring, releasing, distributing and replenishing contingency stores of supplies of food, water, clothing and medical supplies; 464 Supplement to Official Gazette [18th August 2014] Establishment of National Platform for Disaster Risk Reduction (h) for providing shelter for persons affected by the disaster; (i) to apply the evacuation of the residents of an area affected by the disaster which IS considered to be necessary; (j) established by the Minister responsible for health for safeguarding against epidemics; (k) established by the Commissioner of Police for safeguarding and protecting life and property from the dangers of looting and riotous behaviour; (1) for cooperation with international organisations and governments of countries outside Seychelles; (m) for accepting and facilitating the distribution of volunteer services and relief supplies during an alert, a declaration; (n) to applyin the event that the requisitioning of private property is considered to be desirable including procedures for assessing and paying compensation; (0) for prioritising recovery interventions; (P) for maintaining a national disaster risk management information system. 16.(1) There is hereby established, a committee to be known as the National Platform forDisaster Risk Reduction. (2) The chairperson and the vice-chairperson of the National Platform for Disaster Risk Reduction shall be appointed by the Minister in consultation with the National [18thAugust 2014] Supplement to Official Gazette 465 Committee, who shall be public officers not below the rank of Director. (3) The Minister may appoint such other persons, having qualification, expertise and experience in disaster risk reduction, to be the members of the National Platform for Disaster Risk Reduction as may be necessary for effective implementation of thisAct. 17. The functions ofthe National Platform for Disaster Risk Reduction shallbe to (a) perform as a national mechanism to address inter-related social, economic and environmental problems; (b) support the identification of urgent needs in the area of disaster risk reduction and reviewing the implementation of disaster risk reduction activities in line with the national plan; (c) perform as a catalyst for national consultation and consensus building, as well as for Disaster Risk Reduction priority identification and policy formulation, implementation and monitoring Disaster RiskReduction activities; (d) coordinate to enhance multi-stakeholder collaboration for the sustainability of disaster risk reduction activities through a consultative and participatory process in line with the implementation of the Hyogo framework for action; (e) foster an enabling environment for developing a culture of prevention, through advocacy of and awareness-raising on disaster risk reduction and the necessity and Functions of National Platform for Disaster Risk Reduction ,466 Supplement to Official Gazette [18th August 2014] importance of its integration into development policies, planning and programmes; and (f) facilitate the integration of disaster risk reduction into national policies, planning, programmes in various development sectors as well as into international or bilateral development aid policies and programmes. National disaster risk management strategy PART III-DISASTER RISK AND EMERGENCY MANAGEMENT 18.(1) The Director General shall prepare a National Disaster RiskManagement Strategy which shall consist of (a) measures for the prevention of disasters and mitigation of their effects; (b) measures to be taken for the integration of risk reduction and mitigation in development plans and projects at all levels; (c) measures to be taken for preparedness and capacity building to effectively respond to any threat that has a potential to cause harm to human, environment, property and livelihood; (d) integrated disaster risk reduction strategies involving multi stakeholder participation; (e) timely disaster risk reduction actions that contribute to sustainable development by limiting the loss of life and livelihood and environmental and property damage; (f) the introduction of mechanisms to ensure transportation, utilities and public sector infrastructure networks are able to withstand potential threats; and [18th August 2014] Supplement to Official Gazette 467 (g) such other matters asmay be prescribed. (2) The National Integrated Emergency Management Plan to be prepared by the Director General shall consist of (a) roles and responsibilities of all government institutions in relation to the disaster risk and emergency management; (b) the structure of command and control during preparation, response and recovery to threats, events and aftermath of an event or disaster, whether or not the emergency or disaster is such to prompt the issuance of an alert, a declaration of a disaster; and (c) the outline of, the government business continuity plan in relation to paragraphs (a) and (b). (3) The Director General shall, in consultation with the National Committee review the plan under subsection (I) annually and may, with the approval of the Minister make amendments to theplan. 19. The Director General shall prepare other plans which shall contain details of arrangements under the coordination of the Director General for matters relating to hazard identification, risk assessment andmitigation. 20.( I) The Director General shall give guidance to the government institutions, private sector entities, non governmental organisations, communities and individuals to assess and prevent or reduce the risk of disasters, including (a) ways and means of (i) determining levels of risk; Director 6cneraI to prepare other plans Other bodies to develop a disaster risk management programme 468 Supplement to Official Gazette [18th August 20l4] [18th August 2014] Supplement to Official Gazette 469 (ii) assessing the vulnerability of communities and households to disasters that may occur; identity possible weaknesses or short-comings in strategy of 'preparedness and response, and to continuously train and test all devices and equipment used for preparedness and response. (Ui) increasing the capacity of communities and households to minimise the risk and impact of disasters that may occur; and 22. Every government institution shall ensure that the resources available may be used for or identified for use in an emergency or disaster ismaintained so as to be ready for use. (iv) monitoring the likelihood of, and the state of alertness to disasters that may occur; 23.(1) The Director General shall be responsible for the establishment and maintenance of a National Emergency Operations Centre and supplementary emergency operations centres, whether or not based on geographical location or any other required factor.(b) the development and implementation of appropriate prevention and mitigation methodologies; the integration of prevention and mitigation methodologies. with development plans, programmes and initiatives; and (3) The Director General shall provide staff and resources to effectively manage and operate the National Emergency Operation Centre. (c) (2) The National Emergency Operation Centre shall serve as the headquarters of the activities undertaken in e~ergency response to an alert, event or disaster, (d) the management of high-risk developments. (2) The Director General shall promote formal and informal initiatives that encourage risk-avoidance behaviour by the government institutions, non-governmental organisations, communities and individuals. Resources to be used in emergency Emergency management operation centers 24.( 1) The Director General shall establish and maintain a Shelter shelter list of premises available and suitable for the use as shelter, during a declaration of an emergency or an alert or in the event or the aftermath of an emergency or a disaster. 4 Preparation of strategy 21.(1) The Director General may order to organise drills, exercise to test their system in order to ensure effectiveness and readiness. (2) The Director General shall in the shelters list indicate (2) Every government institution shall conduct exercises and training for staff in relation to Disaster Risk Management. (a) the shelters under the control of the Government and any other shelter; (b) the facilities available at each shelter; (c) the suitability of each shelter for use during a declaration of emergency or an alert or in the event or the aftermath of an emergency or a disaster; and (3) Every government institution shall take part in drills, exercises and training organise by the Division for the purpose of ensuring procedures in place are effective, to 470 Supplement to Official Gazette [18th August 2014] (d) the periods for and the conditions under which the shelter would be suitable for use in the instances in paragraph (c). (3) The Director General shall assign to each shelter a shelter manager who shall have the responsibility of managing the shelter during any period where the premises are being used for that purpose, and may assign employees of the Division as shelter officers to assist a shelter manager. (4) Where a shelter is not in the Government's possession, the designation of shelter managers or shelter officers for the premises shall be subject to the agreement of the owner ofthe shelter. (5) The owner or occupier of any premises listed as a shelter in the shelter list is not liable to any person taking shelter on the premises for any injury to such person or damage to or loss of any person's property, which injury, damage or loss arises from the condition of the premises, where the use of the premises for shelter was within the listed limits of suitability of the premises under this section. (6) The provisions of subsection (5) are without prejudice to any other right or remedy which the person suffering damage or loss may have (a) against the owner or occupier of the premises; or (b) against the owner or occupier of the premises for damage or loss arising otherwise than from the condition of the premises. (7) The Director General shall inspect shelters annually. (8) The Minister may enter into agreements with the owners of premises used as shelters where these are not in occupation. [18th August 2014] Supplement to Official Gazette 471 (9) A p~rson shall not obstruct a shelter manager or a shelter officer m the execution of his or her duty in relation to the ~nction of the shelter manager or shelter officer under this section. . (10) A person who contravenes subsection (9) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding SeR20,000 orto both such imprisonment and fine. 25.( 1~ The J?i~ector General shall assess the potential for loss of life and Injury to persons where there is a threat of a hazard or where a disaster has occurred. (~) ~f on a. assessment pursuant to subsection (1) an eva~uabon ISc~nsldered necessary, the Minister acting on the ~dvlce of!he DIrector General shall subject to subsection (3) Issue a notice of evacuation. (3) . A notice of evacuation pursuant to subsection (2) shall specify the nature of the disaster and the area required to be evacuated and the potential harm to persons. .(4) Where a notice is issued pursuant to subsection (2), the DIrector General shall coordinate the evacuation with the assistance of agencies involved in emergency and disaster risk management. (5) Every person shall comply with a notice of • evacuation issued pursuant to this section. . (6) A person who fails to comply ~ith a notice of .evacuation issued under subsection (2) commits an offence and shall on conviction be liable to imprisonment for a term not . exceeding 2 years or to a fine not exceeding SeR20 000 or to both such imprisonment and fine. ' PART IV - COMMUNICATIONS LINK 26.( 1) The Director General shall (a) develop and maintain a directory of all government institutions, private sector Assessment of loss, injury and evacuation Directory of person involved in disaster risk management, etc. 472 Supplement to Official Gazette [18th August 2014] entities and non-governmental organisations involved in the disaster risk management and emergency management and response showing (i) their names, telephone and fax numbers and physical, postal and electronic addresses; (ii) particulars of their involvement in disaster risk management; and (iii) the nature, capacity and location of emergency and relief services under their control; and (b) establish effective communication links with contact persons identified by the ministries, departments of government, statutory bodies, private sector entities and non-governmental organisations. (2) The directory must include particulars of (a) all government institutions and bodies involved in disaster risk management; (b) non-governmental organisations involved in disaster risk management; (c) disaster risk management experts both locally and internationally; (d) private sector entities with specialised equipment, skills or knowledge relevant to disaster risk management; (e) private sector voluntary agencies involved in disaster risk management; and [18th August 2014] Supplement to Official Gazette 473 (f) foreign non-governmental organisations and international organisations involved in disaster risk management. (3) TheDirector General shall establish communication links with foreign disaster risk management agencies, including institutions performing functions similar to those performed by the Division, to exchange information to have access to international expertise in and assistance in respect of disaster risk management. 27.(1) TheDirector General shall= (a) collect information on all aspects of disasters and disaster risk management; Emergency management and response (b) process and analyse the information collected under paragraph (a); and (c) develop and maintain an electronic database envisaged under this section; (2) The electronic database developed by the Division shall contain extensive information concerning disasters that occur or may occur locally and disaster risk management issues, including information on - . (a) phenomena, occurrence, and circumstances that cause or aggravate disaster; (b) risk factors underlying disasters and ways and means to reduce such risks; (c) recurring occurrences that result in loss, but which are not classified as disasters in terms of thisAct; (d) prevention and mitigation; (e) early warning systems; 474 Supplement to Official Gazette [18th August 2014] (f) areas and communities that are particularly vulnerable to disasters; (g) indigenous knowledge relating to disaster riskmanagement; the directory under section 26 and the names and particulars of contact persons; (i) emergency response resources and capacity in the government institutions and in the non government sectors, including location and size of, and other 'relevant information relating to (h) (i) police stations; (ii) hospitals, clinics and other health institutions; (iii) emergency medical services; (iv) school, church and public buildings and other facilities that could be used as emergency shelters or hospitals in the event of a disaster; (v) fire-fighting services; and • (vi) airports, airstrips, harbours and seaports; .G) . emergency response resources and capacity in neighbouring countries and relevant international relief agencies; (k) emergency preparedness in the different Ministries and Departments of Government; (I) 'research and training facilities for disaster riskmanagement disciplines. [18th August 2014] Supplement to Official Gazette 475 (3) The Director General shall ensure that security safeguard is properly established against any misuse and unauthorised access. PART V - INTERNATIONAL ASSISTANCE 28.(1) TheDirector General shall, in consultation with the Minister, make International assistance (a) an initial estimate as to 'whether domestic capacities are sufficient to attend to the needs of affected persons for disaster relief arid initial recover assistance; and (b) a determination as to whether and what international assistance is required, and, with the consent of the President immediately request for international assistance through the Ministry of Foreign Affairs. (2) 'The request for international assistance shall be accompanied by information (a) as to the extent and type of assistance required, based on a report prepared by the Director General in consultation with the Minister; and (b) on the procedures assisting international organisations are to follow when making offers or providing assistance . (3) The Division may in consultation with the Minister of Foreign Affairs request for assistance with the foreign components of the International Red Cross and the Red Crescent Movement to supplement the disaster relief and recovery assistance. (4) Assistance from international humanitarian organisations shall be accepted if an offer is based on relevance 476 Supplement to Official Gazette [18th August 2014] Commencement and termination of International assistance Minister may terminate International assistance and need which has been deemed necessary based on the report prepared under subsection (2). (5) An international humanitarian organisations present in Seychelles may provide direct offers to the Division; (6) An international humanitarian organisation or a country interested in providing assistance to Seychelles shall direct their offers through the Ministry of Foreign Affairs and the appropriate embassy, and the Ministry of Foreign Affairs shall forward such offers of assistance to the Division who shall take a decision on the offer. (7) Where an offer has been accepted, the representative of the international humanitarian organisation shall comply with the general terms of the offer and if the offer was unconditional, the Division, in consultation with the representative of the international humanitarian organisation, shall come to an agreement as to the type, amount and estimated duration of the assistance. 29. The period for international assistance shall commence. when request for assistance is accepted and terminate after an assessment of the disaster is carried out by the Division in consultation with the National Committee and the international humanitarian organisation concluding in writing that the international assistance is no longer required after the termination date, announced 7 days prior to the proposed termination date. 30.(1) The Minister, in consultation with the Minister of Foreign Affairs, may terminate the international assistance by issuing a notice in writing to the international organisation. (2) Upon termination of any the international assistance, the international organisation shall ensure that there is a adequate handover of responsibilities, in order to reduce any negative impact from the terminations; [18th August 2014] Supplement to Official Gazette 477 . (3) The Director General shall negotiate with· the international humanitarian organisations in-advance as to what costs if any, that Seychelles will bear for the assistance the international humanitarian organisation will be providing. (4) The Director General shall to the extent it is necessary for the performance of disaster relief and recovery (a) serve as the focal point for liaison between Seychelles and assisting international humanitarian organisations; (b) inform the international humanitarian organisations of their rights and responsibilities under this Act; (c) request relevant government institution to make availableassets or premises required to facilitate the work of the international humanitarian organisation; (d) . facilitate the entry of the humanitarian personnel in Seychelles, .including liaising with the Ministry responsible for immigration for necessary visa or permit, as • the case may be, to be issued for the duration of the assistance; (e) facilitate through the authority responsible for qualification for temporary recognition of ~rofessional qualifications of foreign medical personnel and other licences or certificates of humanitarian personnel; (f) facilitate through the Ministry responsible for finance and trade for 478 Supplement to Official Gazette [18thAugust 2014] exemption of customs duties, taxes, levies and tariffs or any other government fees on goods and equipment imported, to be exported, in transit or to be re- exported; inspection requirements of the goods and equipment to be used for the disaster relief and recovery; and (iii) recognition offoreign drivers licences. (i) (ii) (g) facilitate through the Ministry responsible for telecommunication for the use and setting up of the telecommunication equipment by the humanitarian personnel; facilitate access (and as much as possible provide care, security and protection) to areas affected by the disaster; facilitate through the Ministry responsible for finance the opening of bank account, if necessary; (h) (i) (k) ensure the security and safety of the humanitarian personnel and the goods and equipment to be used by them; liaise and facilitate interactions with the Ministry responsible for health to verify and issue licences to export and distribute the medication and equipment to be used by the international humanitarian organisation; facilitate the role of the assisting international humanitarian organisations into their contingency planning and mechanism for operational coordination for disaster relief and initial recovery assistance. (1) [18th August 2014] Supplement to Official Gazette 479 (5) The assisting international humanitarian organisation shall cooperate and coordinate with national authorities and organisations during the disaster relief and initial recovery period. (6) The head of the international humanitarian organisation shall ensure that any medications or equipment to be used are safe, of good quality, have not expired, are maintained in appropriate condition and are labelled in a language understood by the medical doctors of Seychelles. (7) The international humanitarian organisations shall comply with the principles of humanity, independence and impartiality in providing assistance and shall establish priorities on thebasis of need and they shall not (a) engage in adverse distinctions, exclusions or preferences based on status, nationality, race, etbnicity, religious belief, class, gender, sexual orientation, disability, age or political opinion; (b) seek to further a particular political or religious standpoint or interfere in internal matters not relating to disaster response; seek to obtain commercial gain from their assistance; and .. (c) (d) gathet sensitive information of a political, economic or military nature. (8) The international humanitarian organisation shall ensure that.~y goods or equipment they import for the purpose of disaster relief or initial recovery assistance which are or become unusQbie,including other waste products produced by them are destroyed, recycled or otherwise disposed of in a safe, environmental friendly and effective manner and in accordance with the laws relating to environment for the time being in force in.Seychelles. 480 Supplement to Official Gazette [18thAugust 2014] (9) A humanitarian personnel shall not be liable for any acts done in good faith during his or her performance of assistance. PART VI - NATIONAL DISASTER RISK MANAGEMENT FUND National Disaster Risk Management Fruud 31.( 1) There is hereby established a Fund to be known as the National Disaster Risk Management Fund. (2) The resources of the Fund shall consist of (a) such moneys as may be appropriated by the National Assembly; (b) such donations and grants as may be made by persons and organisations; (c) such other moneys as the Division may raise through activities organised by or on behalf of the Division; and ' (d) such other moneys as may be transferred from any other fund. (3) The Fund shall be administered by the Division. (4) The Fund shall be applied towards recovery efforts and the adoption and promotion of preventative measures before, during and after a disaster or an emergency. (5) The Division shall, in the administration of the Fund, be responsible for (a) determining the criteria to be applied in (i) funding projects and programmes in relation to the mitigation of, preparedness for, response to and recovery from, emergencies and disasters; and [18th August 2014] Supplement to Official Gazette 481 (ii) providing financial assistance to persons for their relief and recovery from an emergency or a disaster; (b) keeping of proper books of accounts and other records; (c) maintaining a list of assistance provided by multi-national corporations with respect to medicines, food, water and sanitation equipment; (d) keeping the record of moneys received from foreign countries and foreign individuals at the time of a disaster; (e) preparing and submitting the reports relating to the administration of the Fund to the Minist~r and the Minister responsible for finance; and (f) making recommendations to the Division on activities geared towards raising funds. 32.(1) The Division shall maintain proper accounts and other relevant records of the Fund and prepare a statement of accounts in the form and manner approved by the Auditor ~ General. Accounts and audit (2) The account of the Fund shall be audited' by the Auditor General in accordance with Article 158 of the Constitution. (3) Where the accounts and the statement of accounts of the Fund in respect of a financial year have been audited, the Division shall furnish, not later than 3 months after the end of the fmancial year, to the Minister and the Minister responsible for finance, a copy'of the statement together with a copy of any 482 Supplement to Official Gazette [18th August 2014] Volunlcers report by the Auditor General on the statement of'accounts oron the accounts of the Fund and the Minister shall cause It to be tabled in the National Assembly. PART VII - OBLIGATIONS OF PERSONS INVOLVED IN l)ISASTER RISK MANAGEMENT 33.(1) The Director General shall maintain a register of volunteers to be known as the Register of Volunteers. (2) A person who wishes to volunteer for th.e p~lrposes of assisting in an emergency or a disaster shall submit his or her name to the Director General for registration as a volunteer ~nd the Director General shall, after undcliaking a sel.·ecmng process and if he or she sees fit register in the Register of Volunteers the person as a volunteer. (3) The administrator of each distri~t shall submit ~n writing to the Director General on or before 1 day ofJanuary m each year, the names ofthe volunt.eers and the Director General shall after a screening process register, the names of volunteers who he or she sees fit, in the Register of Volunteers. (4) The Director General may, from time to time, amend the Register of Volunteers. (5) The Director General. shall ann~ally publish the names of all volunteers registered m the Register of Volunteers in the Gazette. (6) The Director General may .enga~e a vol~nteer ~h.o is not on the Register of Volunteers If during a disaster It IS practicable to do so. (7) The Director General shall provide training to all volunteers. (8) A volunteer who e~ercises th.e duties assign~d to him or her pursuant to this Act m good faith shall not be hable [18th August 2014] Supplement to Official Gazette 483 for injury to persons or loss to property caused as a result of those duties. 34.( 1) Where the Director General certifies in writing that the services of a person is or was needed by the Division, for the performance of tasks related to preparation, response and recovery from an emergency during a specified period, the employer ofthat person shall pay the salary and all benefits to which the employee was entitled for the period specified. (2) The period the Director General may specify under subsection (I) shall in no case exceed a continuous period of2 weeks. (3) An employer who fails to comply with subsection (I) commits an offence and on conviction be liable to' imprisonment for a term not exceeding 3 months or a fine not exceeding SCR50,006 or to both such imprisonment and fine. 35.( 1) The Director Genend shaD appoint officers to be koovm as risk managemem officer for the purpose of implementation cf specifkproviajon ofdlisAct. (2) The Director General shall issue credentials to every person appointed to set as arisk management officer. (3) The functions of the risk management officer is to minspec "'ctand assess premises in relation to risk or threat and for that purpose may (8) enter in to a premises wbich,. in the opinion of the Director General, appear to pose 8 reasonable danger of serious injury to persons, anima), or serious harm to Jmmaa ami animal heahh inside or outside die. premises or pose re8S011able threat to property, livetibood im.ide within or outside 1he premises and tbat sudI danger 01' threat Employees who assist in emergency situations Risk JTIaI18ICIlIent ot'fieets 484 Supplement to Official Gazette [18th August 2014] can lead to serious or catastrophic consequences that may lead to a disaster; and (b) enter in to the premises at a reasonable time with the consent of the owner or occupier or under the authority of a warrant issued by a Magistrate for the purpose of carrying out the functions conferred under this Act. (4) \Vhcrc a magistrate is satisfied, on evidence on oath by a risk management officer, that the conditions of any premises is reasonably suspected of posing a danger of serious injury to persons inside or outside ofthe premises in the event of a disaster, the Magistrate may issue a warrant authorising the risk management officer efficient to enter and inspect the premises for hazards. (5) A warrant issued under subseotion (4) expires not later than 2 weeks after the date on which it is made, and may be renewed before expiry for period not exceeding 7 days. (6) A risk management officer who exercises a power under this section shall identify himself to any person in control oftlie premises to be inspected at the time of the inspection, by the production of his or her credentials issued pursuant to subsection (2) and the warrant of theMagistrate issued pursuant to subsection (4) and shall explain the purpose of the assessment or inspection. (7) The risk management officer shall prepare a report on the results of any inspection carried. out under this section and shall submit a copy of the report to the Director General. (8) Upon receiving the report under subsection (7), the Director-General shall (a) provide a copy of the report submitted by the risk management officer to the owner or [18th August 2014] Supplement to Official Gazette 485 occupier of the premises in respect of which a report is submitted; and (b) if the report reveals that the condition of any premises poses danger of serious injury to persons inside or outside the premises and the condition of the premises which gives rise to the danger constitutes a violation of any law, submit to the relevant ministry, department of government or body responsible for that other law a copy of the report submitted by the risk management officer. (9) Subject to subsection (8), the Director General pursuant to the report under subsection (7) shall request the owner of the premises to take remedial action within a specified period of time. t.' . (10) The 'ownerwho.fiiils to comply with a request made pursuant to subsection (9) commits an offence and shall on conviction be liable to imprisonment fora term not exceeding 2 years or to a fine not exceeding SCR20,000 or to both such imprisonment and fine. (11) A report of a risk management officer under this section shall be admissible in' any legal· proceedings as evidence of the truth of the report's fmdings of tact, whether or 110t the Republic is aparty to such proceedings. • (12) A person shall not obstruct the Director General or risk management officer in the execution of his or her duty in relation to the functions of the Director General or the risk management officer under this sectioncommits an offence and shall on conviction be liable to imprisonment for a term not exceeding 2 years or to a fine not exceeding SCR20,000 or to both such imprisonment and fine. 36.(1) There shall be established a National Multi-Hazard Risk Communication Alert, and Warning System for Seychelles. Multi·Hazard Risk . communication Almand Warning System 486 Supplement ~oOfficial Gazette [18th August 2014] Obligation to supply information when requested by Director General Obligation to make a damage report assessmeent Declaration of disasters (2) The Director General shall design, develop and implement the mechanism and method for the National Multi Hazard Risk Communication andAlert System. (3) The Director General may consult such persons or organisations as he or she considers necessary in the development of warning and alert and may request or instruct an agency for the issuance of a warning or alert under its direct supervision. (4) The issuance of warning and alert under this section shall be in such manner asmay be prescribed. PART VIII - REPORTING, DOCUMENTATION AND DATA COLLECTION 37. Every government institution shall supply to the Director General in the prescribed manner and by such date as may be required by the Director General, such information as may be requested by the Director General. 38.( 1) Every government institution shall prepare a report on damage assessment in the aftermath of a disaster. . (2) A report prepared under subsection (1) shall be submitted to the Director General as soon as practicable after it is prepared. PART IX - DECLARATION OF DISASTERS 39.(1) Notwithstanding subsection (2), the President may, on being satisfied that a grave civil emergency has arisen or imminent due to a disaster, declare a state of emergency under article 41(1)(b) of the Constitution and specify any area as "disaster area" or "potential disaster area". (2) Upon a declaration under subsection (1), the provisions of Part III of the Constitution shall apply and the [18th August 2014] Supplement to Official Gazette 487 powers and functions of the Minister under this Act shall be deemed to be thepowers and functions of the President. (3) Subject to subsection (1), the Minister may, on the recommendation ofthe Director General or on his or her own motion, declare an area (a) a "disaster area" on the event of any disaster; or (b) a "potential disaster area" depending on possible or imminent threat of disaster, that is deemed to required specific response necessary to save life or property or to take measures for disaster risk management. (4) ,A declaration made under subsection (3) shall be valid for a period of 7 days from the date of such declaration unless the period has been extended with the approval of the President and theNationa~Assembly. (5) The declaration made under this section shall specify the threat level and colour coding in respect of disaster. (6) When a declaration in respect of an area in • SeycheUesorpart thereofhas been made under this section, the National Committee shall (a) make provisions for the release of available resources including equipment vehicles, water transport, air transport and any other facilities; and (b) make arrangements for personnel to be made temporarily available for the performance of emergency services. 488 Supplement to Official Gazette [18th August 2014] Access to 40. Where a. declaration has been made under section private places 39, the Police may, take measures necessary to limit the extent of the threat, incident or disaster, totally or partially prohibit or restrict public access, with or without vehicles, to any road or . pathway lending to the disaster area which is affected or likely to be affected by the event. Protect i:)I' Ii om liability Compensation for loss or injury suffered by public officer Authorised officer Powers of authomed officers l'ART X- MISCELLANEOUS 4~.(J) Any suit or other legal proceedings shall not lie against [I person in respect of an act done or intended to be done in good faith in the exercise or performance of his or her powers, duties, or obligations in pursuance of this Act. (2) The public officers appointed under this Act shall be deemed to be employed in the public service and sections 91 to 96 of the Penal Code shall apply to them. 42. Where the Director General or any public officer or person appointed under this Act suffers any physical injury, or loss or damage to any personal property in the course of his or her duties under this Act or regulations made thereunder, he or she shall be entitled to receive compensation paid out ofpublic funds in respect of the expenses incurred in the treatment of the injury and the value of such property loss or damage. . 43. The President may during the period of the state of emergency appoint staff members of the Division or public service or appoint other persons to be authorised officers for such periods and for such areas and subject to such conditions as may be specified in the instrument designating or appointing the staffmember or person. 44.( 1) An authorised officer may, during the period of the state of emergency, direct any person, by order in writing (a) to supply him or her with information relating to [18th August 2014] Supplement to OjJicial.Gazette 489 (i) employees; or (ii) the existence and availability of any services, facility or thing which may be used for or in connection with the emergency, disaster or state of national disaster which is under the control or in possession of such person; (h) 10 maintain such specified stock of fuel, food, water or medical supplies for the use before, during or after an emergency or disaster as he or she may reasonably be expected to maintain; (c) who is the owner or manager of any industry ortra4~ w~~4 the authorised officer reasonably bel4've~ is an essential industry or trade·. or.~ an essential service, to take in re~ to. that industry trade or service or tlici C~JlQnuation thereof, such steps as the autborised officer considers necessary to de!ll, with the emergency or disaster. . (2) Every authorised offieer and any person perforining disaster risk management tasks under this Act shall maintain and aid in maintaining coIlfldentiality of information supplied in compliance with an order made under subsection (1). .. (3) A person who is aggrieved by an order made under subsection (1)may appeal in writing to the Supreme Court. (4) On receipt of an appeal under SUbsection (3), the Supreme Court, after requiring the authorised officer to submit written reply in the matter and considenl1gany reply so submitted, may confirm, vary or set aside the order appealed against or give such other directions in the matter as the Supreme Court deems appropriate. 490 Supplement to Official Gazette [18th August 2014] (5) An authorised officer may in the exer~ise of his ,or her powers or the performance of his or her functions or duties underthisAct (a) enter, or break and enter any premises; or (b) order people to evacuate themselves and their property from the location, irliL (jJ .11'. hcJi,. V'.·::; Oit II ;:.:, .nablc grc)!JIHh: ilwl such »ction is necessary for-> (i) the preservation ofthe life of persons or animals; (ii) the prevention of injury to persons, or animals or harm to human health and animal; (iii) the removal of injured persons or animals; (iv) the protection of property livelihood; and (v) the prevention of damage to the environment Power take control of land orpriopeny during disaster 45.(1) An authorised officer may, during the period of the state of emergency (a) take control over any land or other property for the purpose of dealing with the situation; (b) direct any person who is the owner of or who has possession of or control over any land or other property which is required for the purposes of dealing with the disaster situation [18th August 2014] ~lement to Official Gazette 491 to surrender the use of such land to a specified person or to a specified authority' or to deliver or make available such property to a specified person in the service of that authority. (2) The authorised officer shall, after taking possession OJ control of land or property or giving a direction under subsection (J), cause written not ice of such taking such possessio. lor couu ol of land or properly Of giving direction to be: SCI vcd on any person owning or possessing such land or property. (3) Where it is VV.,'''''V.L'''. notice referred to in suosecnon possession or control of the giving the directions. do so, cause the written be served before taking . property concerned or '(4) The person from . any land or property has been section may, ifhe or she objects control, notify the authorised (5). Where. an autnonse subsection (4), he or she Supte*ne Court for a . exercise tbeot her powers under is notified under days apply to the 'or her entitlement to .• (6) On an application ma~•...••~•• Supreme Court may-, ,.. , (~ confirm the exercise of officer under justifiable in situation arising disaster concens sa.tisfied that the the authorisOd .. was reasonab~! oftlle a result oftke: rise to' the 492 Supplement to Official Gazette [18th August 2014] declaration of the state of disaster for the purpose of dealing with that situation; or (b) order the authorised officer to return any land or property which he or she has taken into possession or control or to cancel the notice of intention to take possession or control thereof or to cancel the directive, if it is satisfied that exercise of the power by the authorised officer \V;t:; not reasonably justifiable 111 the circumstances of the situation. (7) Where the continued possession or control by an authorised officer of any land or property taken in under subsection (2) is no longer reasonably justifiable, (a) the land or property shall be. promptly returned, wherever possible, in the condition in which it was at the time of such taking of possession or control; (b) the owner or any other person entitled to the return of any land or property or entitled to compensation in terms of section 46 may apply to the Supreme Court for the return of the land or property or for the determination of the right to or the amount of such compensation, as the case may be, and the Supreme Court shall make such order. (8) No land or other property owned or possessed by the State may be taken under this section without the prior approval of theMinister responsible for the land or property. Compensation for taking possession or control of land or property 46.( 1) If any land or property of any person has been taken, damaged, removed or destroyed in terms of section 4S(I)(a) or ifanyperson is directed in terms ofsection4S(1)(b) to surrender [18th August 2014] Supplement to Official Gazette 493 the use of any land or to deliver or make available any property to a specified person or authority or any premises has been broken under section 44(5)(a), that person is entitled to payment of compensation, as may be agreed on between that person and theMinister. (2) A dispute arising from the determination of CUI npensation payable under subsection (1) may be referred for resolution to the Supreme Court. ,17. The Minister, nmember of the National Committee or any other committee, the administrator of a district or a, person in the service of the Government, a volunteer or any person who exercises a power 01' performs a function or discharges a duty under this Act, is not liable for any Joss or damage as a result ofinjury, l0880fli(e or loss of or damage to the pr~perty, caused by or.ari$.out of. or ill connection with, anythmg done or performed iIl.,~., faith in die exercise, performance or discharge ofa..~~ •••"otion or duty. as the case may be, in accordance witb.tho,P~iona of this Act. 48. The Minister may .~ .,rIfllations, consistent Power to make with thisAct, to give effect to the~ of this Act. regulations I certify that this is a correct ~. ()ftb,o Bill which was passed by theNational Assembly on2.Suly. 2014. Indemnity for actions of person acting under this act